BAJRANG SINGH SKEKHAWAT Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) THESE two writ petitions under Article 226 of the Constitution, one by Bajrang Singh and the other by Ram Chandra have been filed against the Univer-sity of Jodhpur praying that by any appropriate writ, direction or order, the notification No. Exam/227 248 Jodhpur dated April 24/25, 1975 (Ex. 1) be set aside or quashed and the request of the petitioners for getting their answer books in two subjects re-evaluated be allowed. As both these writ petitions involve common questions of law and are based almost on identical facts, they are being disposed of together by this judgment.

(2.) THE salient facts of the two writ petitions are as follows. Bajrang Singh's writ petition. Bajrang Singh appeared at the examination of the LL. B. I year of the University of Jodhpur held in the month of June, 1975. THE result was declared on September 21, 1975. Bajrang Singh was declared unsuccessful because he failed in paper I-Law of Contract, by 2 marks. He also failed in the aggregate. On September 27, 1975, Bajrang Singh applied for re evaluation of marks in two subjects, namely, Paper-I Law of Contract; and Paper II-Law of Torts, but the authorities of the University of Jodhpur not only refused to make re-evaluation, but also refused to supply the prescribed forms for re evaluation on the basis of the impugned Notification. Ram Chandra's writ petition. Ram Chardra appeared at the III year LL. B. Examination of the University of Jodhpur, held in the month of June, 1975. THE result of this examination was declared on September 6, 1975 and Ram Chandra was declared unsuccessful, as he failed in the aggregate, though he secured more than minimum marks prescribed in all individual papers On September 15, 1975, Ram Chandra applied for re-evaluation of marks in two subjects, namely, Paper II-Jurisprudence, and Paper III-Civil Procedure Code, but the respondents i. e. authorities of the University refused to make re-evaluation on the basis of the impugned Notification.

(3.) SEC. 16 provides that the Syndicate shall be the executive body of the University.